CITY WINS FIGHT TO PROPERTY "city for the value of improve-' incuts erected after January 2, 1871, which question can bo in telligently mid properly deter mined upon tlie trial of the sev eral appeals taken by the present exceptants. The erfect of the decision is that all of the twenty-two owners of property affected will have to go into common pleas court on an appeal from the amounts allowed by the board of view ers and that this will necessitate just twenty-two separate hearings. Property owners who didn't partici pate in the li'igation. but who may tiave awaited the result of the court's leclsion, likewise lose out, as the ex ceptions heard stand as test cases " Up to Property Owners Just how the court feels upon the question of the one exception—that of the city's liability—which it does not pass upon, was a matter of conjecture to-day among attorneys who eagerly perused the opinion. The result of the next step, which is now up to the property owners, will .be eagerly ■watched. The question of filing sufficient se curity which has been raised by the exceptants may be thrashed out furth er when the appeals are heard. Attor neys, however, contend that the time for raising this question was during the hearing before the viewers, that the objection of the property owners at the time should have been a matter of legal record. The presumption ac cording to some lawyers. Is that the failure to do so. could be construed to be a tacit agreement to the city's lack of action. Can Proceed at Once So far as the elimination of the Hard scrabble district is concerned, the city can proceed with the razing of the buildings as soon as it files the neces sary bonds. Just when this will be done Is a matter of conjecture although City So licitor D. S. Seitz declared to-day that they will probably be filed as soon as they can be prepared. City Solicitor Seitz incidentally was the recipient of showers of congratu lations from city officials and fellow attorneys. Lawyers generally consider it a wonderful victory for the city and j Its legal adviser. A reporter discov- , ered him happily reading the opinion ! to-day. "Well," said he. "it has been a true enough 'win' for the city, and while i it has been a tremendous fight for nearly two years, I don't think the city faltered for a moment —or doubt did we the result." Benjamin M. Xead, of Xead & Xead, one of the leading law firms which helped represent the Hardscrabble ; property owners said he would be j unable "to talk intelligently on what the exceptants' next step will be until he confers with some of his col-' leagues. End of Two-year Fight "Mr. Frank Xead. the junior mem- | ber of the firm who was particularly | active in this proceeding is out of town , to-dav. George R. Barnett might be able to talk to you on the subject as 1 j haven't yet had a chance to see the opinion," said Mr. Xead. Mr. Barnett declined to talk at all. , "Xothing to say for publication," he •said shortly. While the question of removing Hardscrabble is part of the city's his- i torv of vears. the present battle really | began August 11. 1914, when Council j passed an ordinance authorizing the j opening of Front street to low water ; mark between Herr and Calder streets. The properties in question front on the west side of the street and combine •to form the only unsightly gap in the preat stretch of river front wall and steps extending throughout the lengths %.of the city. The City's Cost At the request of City Solicitor Seitz the Dauphin county court on February 0, 1915, appointed Paul G. Smith, Karl Steward and James P. Bailsman a board of viewers to assess benefits and damages. The viewers' report allowed dam ages amounting to $107,799 to_ the property owners in question, $43,070.30 of which was assessed in benefits against the properties on the eastern Bide of the street. The remaining $62,723.T0 is to be paid by the municl- i pality. Why Canoeists Were Interested While the whole city has awaited j with interest the decision in the case . in view of the future Improvement of ; the river front, the question has been [ of especial import to hundreds of ca- j noeists and motorboatmen in view of the fact that the two great boating pa- ; vllions —A. P. Dintaman's and H. J- Berrier's —-are included in the con- I demned district. Razing of these buildings will mean , that adequate boathouse facilities must be provided in some way to ac commodate these hundreds of river enthusiasts. It is believed, however., that vacation of the properties will not 1 be required before next Spring. Following is Judge McCarrell s i opinion: The Opinion "On October 15, 1874, (City Digest, p. 486) the city of Harrisburg after the passage of the Act of May 23, 1874, relating to government of cities of the third class, passed an ordin ance approving and ratifying a plan which had been prepared under the direction of said city and which in- , dicated the location of Front street between the points named in the or dinance here in question as being ex actly as above stated. There can be > no successful dispute as to the loca tion of Front street upon the official map of the city. At the time of the passage of the ordinance of August 11, 1914, all the ground indicated upon the official map for the location of Front street had not been formally thrown open for public use, a por tion thereof only along the eastern line of Front street having been used for public purposes. The purpose of the ordinance of August 11. 1914, was to formally and officially throw open to the public for highway purposes all the land indicated by the official map for the location of Front street. Upon this ground some buildings had been erected before the passage of the Act and the land had been used for private purposes. Other buildings or im 'provements were afterwards made. This fact gave rise to claims for dam- l ages by the owners of these lands | and the buildings and improvements erected thereon. By the Act of Janu ary 2, 1871, P. L. 1556, it is provid- i ed:— "That no compensation shall be made or allowed to any person or persons for houses or other ! buildings erected or built by any person or persons, on any of the avenues, street, lanes and alleys * of the said city. (Harrisburg) from and after the said avenues, streets, lanes and alleys shall have been designated by said coinir.'ssioners or a majority of them." The Damages The viewers appointed were requir- j ed to ascertain the damages sustain- I ed by the several property owners affected by this improvement, as also the benefits accruing to other prop erty owners by reason thereof. In their report they find the total amount of damages sustained to be N5105,794; the total benefits assessed against property owners. $43,070.30, and the amount to be paid by the city of Harrisburg. $62,723.70. Numerous exceptions have been filed to the report of the viewers, which was placed on record January SATURDAY EVENING, [Continued From First Page] 10, 1916. These exceptions are now before us for consideration. Many of them relate to the form of the re port of the viewers, alleging that it is not in accordance with the direc tions of the Act of June 23, 1911. Viewers Fulfilled Duties ' We are of opinion that the report | sufficiently complies with the Act of Assembly. It shows the names of the ' persons who are found by the vlew ! crs to have sustained damages and I the names of the persons who are j benefited, and the amounts due to |or payable by these parties respect - j ively are set out. Accompanying the report of the viewers is a plan, not actually attached thereto, but which can be attached whenever desired. < This answers the statutory purpose I and we are of opinion that the ex ception that the plan is not attached | to the report ought not to be sustain ; ed. The report and the plan returned J together by the viewers clearly in j dicate the location of the improve ment and the names of all the parties affected and we overrule all exceptions to the form of the report. There are numerous other exceptions which we will consider. The Inceptions "One exception alleges that the or dinance of August 11, 1914, does not authorize the opening of Front street; j that the City Solicitor is not empow ered to direct the opening of streets, \ and that the ordinance is defective be i cause it docs not designate the city j official plan to which it refers, nor ! state where it is kept on tile. The i Act of January 2. 1871, P. L,. 1556, ! approves, ratifies and confirms the plan or draft of the city prepared by the commissioners, and directs that a copy thereof be place of record in j the offices of the Prothonotary and the Recorder of Deeds of Dauphin county and also among the records of the common council of the city. This plan designates for public use as a highway Front street between the points named in the ordinance and extending from the eastern line of said street to low watermark of the river as above stated. This, together with the subsequent plan adopted by the city, October 15, 1874, constitutes the official plan of the city of Harris burg. It could be found at all times in the office of the council, and as already stated, there can be no suc cessful dispute as to the location of Front street upon the official map of the city. It was within the power of council to require the opening of said street and designate an official to take the necessary proceedings to have the street officially opened. The Law of Fixing Cost "The law provides the manner in which the cost of the improvement shall be paid and by whom paid and it was unnecessary to set this out in the ordinance. We are of opinion that the ordinance In question is valid and that it sufficiently authorizes the opening of the street. "The objection that the appoint ment of viewers was premature and illegal because the petition does not allege any attempt to agree with the property owners cannot be sustained. The Act of June 27, 1913, in Section 5 of Article XIV, permits the appoint- { inent of viewers where the parties! have not agreed upon the amount of ] damages claimed, and the petition in j this case contains this distinct aver- ' ment. The testimony taken before the viewers and returned with their re port indicates that there was corres pondence between the several prop erty owners and the City Solicitor in regard to the value of the land. Sec tion 2 of the Act of June 27, 1913, expressly authorizes the viewers to de termine the amount of damages as also tile amount of benefits caused by the improvement and it was un necessary to refer to this in the ordin ance or in the decree of court ap pointing the viewers. The Viewers' Report "It is excepted that the report of the viewers is contradictory and void because it state that "All the abutting property is peculiarly benefited by the improvement in the judgment of the viewers." but does not assess bene fits against the owners of property on the western side of Front street. We do not regard the report as con tradictory on this subject. They find as a fact that all abutting property is benefited and then proceed to assess benefits against certain properties, which are designated by the name of the owner. This is practically a find ing of fact that no properties other than those designated have sustained benefits on account of which a contri bution is to be made to the improve ment. The viewers have properly concluded that the only abutting property is on the eastern side of the street as directed to be opened. All property west of the line is taken for the improvement. The "Illegal" Contention "It is further contended that the report is illegal and void because the note thereto does not state the reason for not allowing damages for buildings erected after January 2, 1871. The viewers doubtless prop erly took official notice of the Act of January 2, 1871, which contains in it the provisions hereinbefore referred to, and we may assume that the rea son for not allowing damages for these improvements was because of the prohibition contained in the Act of Assembly. "It is further suggested that there are several Acts of Assembly approv ed January 2, 1871, and that it is uncertain which of the Acts are re ferred to by the viewers. We do not think there is any uncertainty upon this subject. While there may have been different Acts of Assembly ap proved upon that date, there is only one Act of that date relating to the city of Harrisburg and the inference is quite permissible that it acted be cause of the provisions which they found contained in this statute. The Assessment Plirasc "One of the exceptants owning five adjoining properties complains that a separate assessment of benefits was not made against each property and that but a single assessment cover ing the frontage of the whole five was made by the viewers. We can see no objection to ascertaining the benefits in this way. They were fixed by the foot front and the total front age of Mrs. Melville, the exceptant, upon the street Is shown upon the plan and the amount payable because of benefits to this property as a whole is clearly stated. We think this method of assessing is entirely prop er and the exception as to this method is overruled. Can't Raise Bond Question "The exceptants also claim that the report of the viewers and proceedings are premature and illegal, because the city of Harrisburg has filed no j bond or bonds to secure pavment of j damages. The fact that no bond had been filed was presumably known to all of the property owners who sub- I mitted their claims to the viewers ; and it is not alleged that any objec tion whatever was made because no bonds had then been given by the [ These property owners made i their claims for damages, offered their | testimony and submitted their resper jtlve claims to the viewers on the basis of the evidence then offered. Hav | Ing done this without objection, we [do pot think they are in position to i except that no bond had then been given by the city. 1918 Act Mandatory "The Act of 1913 makes mandatory that which under the Act of 1891 was permissible. If objection hud been made when this fact was first dis covered tt doubtless would have been remedied immediately. We think it may be remedied now by an applica tion on the part of the city to. tender security as required by the statute. "The only remaining exception which in our opinion requires parti cular mention Is that the viewers erred in not allowing damages for buildings erected after January 2, 18 71. The provision of that statute as to the disallowance of claims for such buildings has already been cited herein at length. Substantially the same provision is in the Act of 1891. Whether this legislation is constitu tional Is an important inquiry. "All the exceptants have taken ap peals from the report of the viewers and necessarily their respective claims must be heard and decided upon these appeals. On the Taxation Kxeeptlon "The allegation is made by the ex ceptants that the city of Harrisburg is estopped from claiming the right to be exempt from damages for im provements erected on the west side of Front street since January 2, 1871, for the reason that the city has taxed the property upon which such im provements have been made upon the basis of value as Indicated by such improvements, has assessed such property with the cost of grading, paving and curbing said Front street between Herr and Calder streets, and has issued building permits for the erection and repair of said improve ments. All admissible evidence can be offered upon the trial of the ap peals, and we decline at the present time to decide the question as to whether the city is liable for the val ue of the buildings erected since January 2. 1871. "That question, as we have already intimated, can be more satisfactor ily determined upon the hearing of the several appeals filed by the re spective exceptants. Without decid ing the question now It may not be out of place to say that while the auth orities in other States, including Xew York and Massachusetts, hold that a recovery can be had for such im provements, apparently the Pennsyl vania authorities sustain the validity of legislation depriving the property owner of the right to recover for such improvements. "Upon the trial of the appeals the date when the several improvements were made can be shown by evi dence and all the circumstances con nected with the making of the im provements and in the light of all relevant testimony then taken the legal question as to the right of the owners to recover and of the liabil ity of the city for these improve ments can be more intelligently de termined. If there is any error in the statement of the dimensions of any property in the report of the viewers, it can be corrected upon the hearing of the appeals. " "We considered all the exceptions filed to this report. We have not specifically referred to them by num ber in all the cases. They are sub stantially the same in each case and every exception has been carefully considered and is now overruled, with the exception of the one relating to the liability of the city for the value of improvements erected after January 2, 1871, which question can be intelligently and properlv deter mined upon the trial of the' several appeals taken by the present except ants." Auto Bandits in Second Raid Loot Nine Homes Unlontown, Pa., Sept 23. Bandits using a high-powered auto for the second time in two days raided Fay ette county yesterday, getting a large sum of money, jewelry and merch andise in Allison and Republic, near here. Four houses were entered at Allison and four families held up and robbed of their valuables. In Repub lic the bandits looted five homes. At Newcomer, X. J. Maust, a farm er, surprised the bandits entering his home. He opened fire on them with his revolver and returned shot for shot. The highwaymen finally with drew. They are believed to be the depredators that raided Lemont Thursday. They took money and jewelry amounting to several hun dred dollars. UNION SEEKS CHARTER Pittsburgh. Pa.. Sept. 23. William G. Kirehenbower, president, and the other officers of fhe Window Glass Cutters and Flatteners' Association of America, to-day applied to the county court for a charter in order that the association may have legal standing. The association is the union of work men in the machine window glass fac tories of the country. In addition to asking the benefits and prhileges of the charter law, the incorporators declare that the object of the union is to "maintain a regular apprentice system, and a higher standard of skill, to assist the members to secure em ployment. to reduce the hours of labor and to secure adequate pav for our work. OBJECT TO CARD SYSTEM Berlin, Sept. 22, via London, Sept. 2 3.—The Greater Berlm association of Retail Dealers in clothin.fr, haber dashery, textile, etc., has again peti tioned the Imperial Chancellor to so alter the present card system for the purchase of their supplies between November 1 and December 24 as to enable the public to do its ordinary Christmas shopping, which apparent ly is going to be difficult. nr.NXG MAJOR AXDERSOX HOME Pittsburgh, Pa., Sept. 23. The body of Major Anderson of the 18th Pennsylvania Infantry, who collapsed during maneuvers at Camp Stewart early in the week and died later in the base hospital, arrived hero to day from El Paso and was escorted to his late residence by rormer officers of the regiment. A military funeral which will be attended by city and county officers will be held Monday. Major Anderson in private life was a prominent lawyer. OI)I FELLOWS WIX PRIZES Chattanooga, Tenn.. Sept. 23. Michigan and Ohio Odd Fellows won most of prizes in degree and drill con tests held here yesterday as a con cluding feature of the Odd Fellows- Sovereign Grand Lodge meeting. The annual patriarchs militant ball was held last night. The Canton City of the Straits of Detroit, won first honor in the competitive drills for which a prize of SBOO was offered. The second prize of JfiOO went to Canon Lucas of Toledo, Ohio. EXAMIXIXG SCHOLARS Pittsburgh, Pa.. Sept. 23. Exam ination of 110,000 school children for traces of infanttle paralvsis will be begun Monday by fifty medical inspec tors and nurses assisted hv the entire teaching force of 2,500 persons, ac cording to an official announcement. All children must be examined before they can enter public schools. GF.XEIIAL LANSING DIES Vtiea. X. Y„ Sept. 23. General William F. Lansing, three years quar termaster general of the State under Governor Hill and a cousin <>f Secre tary of State Robert Lansing, died at his home in Little Falls early to-day. He had been 111 only strife last Sun day and was sixty years old. tt&RRISBURG TELEGRAPH REAL ESTATE WHARTON TO GIVE REALTY COURSE Dr. Thomas Conway, Noted Expert, Will Teach Subject in University Branch Harrlsburg real estate men arc re ceiving with interest the announce ment that the Harrisburg branch ol the University of Pennsylvania Whar r?i ® c ' >00 ' Accounts and Finance will include a complete course in real estate during the coming school year which begins October 9. ■ a Thomas Conway, Jr., professor of finance at the University of Pennsyl vania, and special lecturer in ilnance :at New York University's Wall Street Branch, will'give the realty course in I the Harrlsburg University Branch, i Or. Conway has made special investl < gations in real estate and within the , last month members of Dr. Conway's start were In Harrisburg making note |of local realty conditions to be ap • plied to the course of instruction. I Among the realty subjects which I are thoroughly analyzed during the jyear are ground rents, mechanics' : liens, tax Hens, judgments, title by decent, dower and courtesy, acquisl- I tlon of title by will, city growth, j anatomy of a city, central business | district, basis of real estate values, warehouse, wholesale and manufac turing properties and their require ments, residential property, the opera tive builder, suburban real estate, assessments and taxation, mortgages, the real estate broker, contract out lines, and so on. Registration for the year is going on steadily in the rooms of the Com merce Chamber, Kunke! Building, under the direction of Wendell P. Raine, secretary of the branch, and Quite a number of real estate men have asked for information regarding the work to be done in the realty course. Mr. Raine will be in the city throughout next week and information regarding the schqols and its courses can be obtained ait the Commerce Chamber offices or the Wharton Study Club rooms, 213 Walnut street, at any time of the day or evening. REALTY REALMS Bellevue Park, one of the city's ever-growing suburban developments, is to be provided with additional lighting early in the year according to City Commissioner H. P. Bowman, i superintendent of public safety. Four or five new lamps will be installed. Truck patch lots, containing one, two and three acres, were sold to-day at a public auction near the Colonial Country Club. The sale, unique of its kind, was conducted by William J. Sohland, manager for B. F. Sheesley. Work on the new Keystone bank building at Third and Calder streets Is progressing rapidly and within a week or so the fixtures for the new safe wiß be installed. Contractor H. A. Hippie is pushing the job and the new improvement to that section is giving a remarkable impetus to the realty developments in the surround ing district. Election of officers is scheduled for sometime next week. 5 FOR SALE j |i 1923 X. 2nd St. 3-story brick. !| i! 262 Delaware Ave.. 2-story "i brick. ji 'l 714 Capital St., 3-story brick. i[ "C 854 S. Cameron St., 3-story '! 'i frame. *i ji 518 S. 14th St., 3-story brick. !' i[ 2028-30 Briggs St., 2-story i' i[ brick. ? Progress S *> 10 lots, Redwood and Ash Sts., |i will sell at u sacrifice. S ;! Small Farms ■! 12 acres, 1% miles east of I' i[ I.inglestown along State high- ? way; good buildings and water. ! 1 acre, cast of Colonial Club; Ji good house and stable, chicken- "i ,i house; lots of fruit. Ji ;i H. M. BIRD I; ;! Union Trust Bldg. ■! Homes of Quality and Convenience __ > and Birch THESE substantial Homes containing every modern convenience are located on Chestnut street in the 1900 block. They are well constructed and carefully planned with every advantage and with all improvements completed. These beautiful houses are indeed different from the average. In quality, construction, workmanship, comfort and price they are unsurpassed. ! An early visit will be well worth your while, that you may see and thus know of an unusual opportunity. J. E. GIPPLE 1251 Market St. Real Estate . Bell phone 4259 Special Services at Peace Church Near Shiremanstown Mechanlcsburg, Pa.. Sept. 23. St. John's Lutheran Church, near Shiro manstown, known as Peace Church and the Old Stone Church, will hold Its one hundred and twenty-eighth an niversary services to-morrow morning and a large number of peoplo from this vicinity and from Harrisburg will attend. The Rev. H. K. Lantz will have charge of the eelebratlon and a vested choir will march from St. John's Church to Peace Church and take part in the services. If You Are Interested In Homes of Character and Refinement yet moderately priced, we suggest your inspection of these really Ideal W''"f KiH'-' | |jp*nw If * IH'KO mirrors In Luxu ""l '"•• Ml I * baKi.,—rlous baths with floors nnl wn ll* nf .K; white tlle . inquire of . M. A. Fought fa——'" j 272 North St. Harrisburg, Pa. linn ■ i'l I, -wp ■> ■ ■ 111 IW It'll : "FOREST HlLL"—Southwest Corner Northfleld and BrlarclifT Roads A livable house in a delightful location with light, air and sunshine. Seven rooms, bath and steam heat thoroughly modern. Call Bell Phone 1595 for an appointment to inspect the property. Miller Brothers & Co. Member Harrisburg Real Estate Board I/OCt'ST & COURT STS. SEPTEMBER 23, 1916. Friday Crowd Smashes Another Allentown Mark Allentown, Pa., Sept. 23. To top the biggest Thursday the Allentown Fair ever had, this was also the big gest Friday. The weatherman was again very clever, and getaway day was a round of the best kind of fun. It took all night to count the money taken in yesterday. The receipts were $4,000 higher than on any previous day in tho Fair's history, and just $8 more than they had ever been at the close of business on a Thursday night. The receipts yesterday were $34,120, and at the end of business last even ing $66,349. BOMBARD ENEMY AERODROMES London, Sept. 23. British naval aeroplanes have successfully bom barded German aerodromes at sev eral points In Belgium, the Admiralty announced to-day. Especially notable results were secured by this and previous bombardments of the aero drome at St. Denis Wostrem. \ North Fifth Street Homes Located at 2311-13-15-17 N. Fifth St. EASY TGKMS FRED C. MILLER BUII.DER 213 Walnut Street, Horrlnbur*, Pa. HelS l'lione 7U7-M. L 13
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